IN THE CASE OF:
BOARD DATE: 11 December 2008
DOCKET NUMBER: AR20080016378
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show he was a truck driver.
2. The applicant states that he was authorized to drive three Vietnam vehicles.
3. The applicant provides an authorization to drive Vietnam vehicles (a one ton vehicle and two 3/4 ton vehicles).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 25 July 1968 for a period of
4 years. He was awarded military occupational specialty (MOS) 27C (missile systems repairman) and later awarded MOS 71B (clerk typist) and MOS 71H (personnel records specialist). He served in MOS 71H during his assignment in Vietnam from 1 January 1971 through 28 January 1972. On 31 January 1972, he was released from active duty.
3. Item 23a (Specialty Number and Title) on the applicants DD Form 214 shows the entry, 71H30 3AUG70 MIL PERS SPEC [military personnel specialist].
4. Item 22 (Military Occupational Specialties) on the applicants DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 71H30 on
3 August 1970.
5. There is no evidence of record which shows the applicant was awarded a truck driver MOS.
6. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that the primary MOS code number and title would be entered in item 23a on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was initially awarded MOS 27C. However, he was subsequently awarded primary MOS 71B and then primary MOS 71H. Evidence of record shows the applicant held and served in MOS 71H during his assignment in Vietnam. There is no evidence of record which shows he was awarded a truck driver MOS. In the absence of orders or other evidence of record which shows the applicant was awarded a truck driver MOS, the authorization to drive Vietnam vehicles provided by the applicant is not sufficient as a basis for amending item 23a on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ XXX_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080016378
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ABCMR Record of Proceedings (cont) AR20080016378
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